Local Government Standards Panel Annual Report 2013-2014 · Perth WA 6000 . GPO Box R1250 . PERTH WA 6844 . Tel: (08) 6551 8700 . Fax: (08) 6552 1555 . Freecall: 1800 620 511 (Country

Government of Western AustraliaLocal Government Standards Panel

Local Government Standards Panel Annual Report 2013-2014

Local Government Standards Panel

Annual Report 2013-2014

August 2014

Prepared by: Department of Local Government and Communities 140 William Street Perth WA 6000 GPO Box R1250 PERTH WA 6844

Tel: (08) 6551 8700 Fax: (08) 6552 1555 Freecall: 1800 620 511 (Country Only)

Email: [email protected] Web: www.dlgc.wa.gov.au

Translating and Interpreting Service (TIS) - Tel: 13 14 50

All or part of this document may be copied. Due recognition of source would be appreciated.

If you would like more information please contact the Department of Local Government and Communities.

mailto:[email protected]://www.dlgc.wa.gov.au/

Message from the Presiding Member

To: The Minister for Local Government

The following report is the annual report of the Local Government Standards Panel (the Standards Panel) for the period from 1 July 2013 to 30 June 2014.

The Standards Panel composition remained the same as the previous financial year. I remain appreciative of the significant contributions that legal member, Mr Glenn Cridland and local government member, Cr Paul Kelly have made in building a body of knowledge and precedent. Both of which are an invaluable resource continually relied on by myself, as returning departmental member, and the local government sector as a whole.

I also acknowledge the contribution of Mr Peter Doherty, the Deputy legal member of the Standards Panel. Mr Doherty’s attendance at meetings when the legal member has been unavailable has enabled complaints received by the Standards Panel to be completed in a timely manner.

The Standards Panel remains committed to its objectives of making decisions that promote and enforce high behavioural standards by elected members in local governments across Western Australia. In achieving this aim the Standards Panel has been assisted by the recommendations of the report ‘A Review of the Operation of the Local Government Standards Panel and its Supporting Legislation’ (Standards Panel Review Committee, June 2011). The Review Report made a number of important recommendations that the Standards Panel has relied on to improve the timeliness and efficiency of its administration and support services.

The ongoing improvements to the Panel’s procedures continue to result in a significant reduction in the time taken to finalise complaints. This has been done while maintaining the provision of procedural fairness as the circumstances require. This included the Standards Panel providing opportunities to elected members, who were the subject of complaints, to attend meetings in person to present and clarify their submissions to the Standards Panel.

This is an important achievement as it addresses the need for complaints to the Standards Panel to be dealt with quickly to be able to offer an effective resolution.

I take this opportunity to thank the staff at the Department for their hard work in providing administration services to the Standards Panel. Without them, the accomplishments of the Standards Panel would not have been possible.

By way of general comment it is noteworthy that since its inception the Panel has dealt with a number of complaints that have ultimately resulted in elected members being sanctioned. While this outcome may be unfortunate for those concerned, it demonstrates the effectiveness of the Standards Panel in addressing minor misconduct. It is my view that the Standards Panel and its support services will continue to build on its achievements in 2013-14 and strive to maintain increased efficiency in relation to its operations and the service it provides to the community and the local government sector.

The Standards Panel’s decisions (relating to matters that result in a finding that a breach has occurred) are published by the Department of Local Government and Communities on its website. Decisions that were the subject of a successful review by the State Administrative Tribunal are not published on the website. The decisions can be found at www.dlg.wa.gov.au/Content/LG/LGStandardsPanel/Overview.aspx

Brad Jolly Presiding Member Local Government Standards Panel August 2014

Local Government Standards Panel – Annual Report 2013-2014 – Page 5

Contents

Message from the Presiding Member ............................................................................ 3

Overview........................................................................................................................ 6

Composition of the Standards Panel ............................................................................. 6

Disciplinary Framework ................................................................................................. 7

Administration and Support Services ............................................................................. 7

Number of Standards Panels Established ..................................................................... 7

Complaints Received and Finalised .............................................................................. 8 • Sources of complaints received in 2013-2014 .................................................... 9 • Persons of interest in complaints received in 2013-2014 .................................... 9 • Metro / Non-Metro split ..................................................................................... 10

Number of Standards Panel Meetings Held................................................................. 10

Requirement for Annual Report ................................................................................... 10

Findings of Minor Breach or Otherwise ....................................................................... 11

Types of Allegations .................................................................................................... 12

Complaints Dealt With under Section 5.110(6)(b) or (c) ............................................. 13

Costs to Local Governments of Non-Public Servant Member Fees and Allowances .................................................................................... 14

Local Government Standards Panel – Annual Report 2013-2014

Overview

The Local Government Standards Panel (the Standards Panel) is the primary standards panel established in late 2007 following the commencement of the Local Government (Official Conduct) Amendment Act 2007 (the Official Conduct Act) and the introduction of the Local Government (Rules of Conduct) Regulations 2007 (the Regulations).

The purpose of the Official Conduct Act and the Regulations was to provide a disciplinary framework to deal with certain types of individual misconduct by local government council members.

Composition of the Standards Panel

The Standards Panel is comprised of three members and three deputy members, all of whom are appointed by the Minister for Local Government (the Minister).

The members of the Standards Panel and their deputies are:

(1) The Presiding Member, Mr Brad Jolly, who is Executive Director Sector Regulation and Support in the Department of Local Government and Communities (the Department). His deputy is Dr Christopher Berry, another Senior Officer in the Department.

(2) The Local Government Member, Councillor Paul Kelly, a current elected member of the Town of Claremont. His deputy is The Right Honourable The Lord Mayor, Ms Lisa-Michelle Scaffidi.

(3) The Legal Member, Mr Glenn Cridland, a practising barrister, who also happens to be an elected councillor and the Deputy Mayor of the City of South Perth. His deputy is Mr Peter Doherty, also a practising barrister.


Disciplinary Framework

The Official Conduct Act established what is largely now Division 9 Part 5 of the Local Government Act 1995 (the Act), and Schedule 5.1 to the Act. It provides for a complaints system whereby certain alleged (mis)conduct of an individual council member can be reviewed.

As a consequence of the Official Conduct Act, the Act provides for the establishment of a Standards Panel by the Minister. The Standards Panel’s function is to receive and deal with complaints, made by any person, of alleged minor breaches – that is, alleged breaches by a council member of any rule of conduct in the Regulations or a provision of a local government’s local law relating to conduct of people at council or committee meetings.

Administration and Support Services

During 2013-2014 the Standards Panel’s administration and support services (including pre-hearing matters) were provided by the Department.

Number of Standards Panels Established

Although the Act allows for the establishment of more than one standards panel, to date the Minister has established the primary standards panel only. It is this panel which is known as the Local Government Standards Panel.


Complaints Received and Finalised

In the period of 1 July 2013 to 30 June 2014, the Standards Panel received 17 minor breach complaints and finalised 28 (which include complaints received in the previous financial year). The finalised 28 complaints contained 64 allegations.

The time taken to finalise minor breach complaints has been significantly reduced by the use of the deputy Legal Member to deal with new complaints as a sitting member of the Standards Panel when the Legal Member is unavailable.

The minor breach complaints received in 2013-2014 included:

• some with multiple allegations about the same council member;

• some with one or more allegations about two council members; and

• some with an allegation or allegations in common with another complaint or complaints about the same council member.

The following table compares the respective number of Minor Breach Complaints received and finalised in the period 2013-2014 compared to the number of such complaints received and finalised in previous financial years.

Chart 1: Standards Panel Complaints

0

10

20

30

40

50

60

2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14

Received

Finalised


Sources of complaints received in 2013-2014

The chart below indicates the sources of the 17 complaints the Standards Panel received in the period 2013-2014.

Chart 2: Source of Complaints Standards Panel 2013-2014

Persons of interest in complaints received in 2013-2014

The chart below indicates the type of council members against whom were made the 17 complaints the Standards Panel received in the period 2013-2014.

Chart 3: Persons of Interest - Standards Panel 2013-2014

Councillor 18%

Member of the Public

29%

Chief Executive Officer 29%

Employee 6%

Former Employee

18% Councillor

Member of the Public

Chief Executive Officer

Employee

Former Employee

Councillor 68%

Shire President

21%

Mayor 11%

Councillor

Shire President

Mayor


Metro / Non-Metro split

Seven of the 17 complaints received during 2013-2014 by the Standards Panel were from Metropolitan councils. The other 10 were from councils outside the Metropolitan Area.

Number of Standards Panel Meetings Held

During 2013-2014 the Standards Panel held 10 meetings. This compares to 17 meetings in 2012-2013.

Requirement for Annual Report

Clause 11 of Schedule 5.1 of the Act requires that:

“(1) By 31 August in each year, the primary standards panel is to prepare and provide to the Minister a report on the complaints dealt with by all standards panels during the previous financial year.

(2) The annual report must not include information that identifies or enables the identification of a council member against whom a complaint was made if the complaint was not dealt with under section 5.110(6)(b) or (c).”


Findings of Minor Breach or Otherwise

During 2013-2014, the Panel finalised 28 Complaints of Minor Breach. In relation to these matters:

(a) one complaint was a carryover from 2012-2013 (during which the Standards Panel had made a minor breach finding), and the breach was dealt with by the Standards Panel in 2013-2014;

(b) the Standards Panel made findings that: • no minor breach had occurred in relation to 17 complaints; and • 14 minor breaches had occurred in relation to eight complaints;

(c) one complaint was not accepted by the Standards Panel as not within its jurisdiction, and one other complaint was considered by the Standards Panel as non-complying.


Types of Allegations

Table 1: Allegations Finalised Between 01 July 2013 and 30 June 2014 for Complaints of Minor Breach

Allegation Outcome

Regulation 4 Breach of Meeting Procedures Local Law Standing Orders)

Regulation 12 Gifts

Regulation 6 Improper use of information

Regulation 8 Misuse of local government resources

Regulation 11 Non-disclosure of interest adverse to impartiality

Regulation 9 Prohibition against involvement in administration

Regulation 10 Relations with local government employees

Regulation 7 Securing personal advantage or disadvantaging others

Total

No Breach 2 nil 2 2 18 7 3 13 47 No Jurisdiction

1 nil nil nil 2 nil nil 3

Public Censure

1 1 nil nil nil 3 nil 2 7

Complaint Dismissed

nil nil nil nil 2 1 nil 1 4

Training nil nil nil nil 1 1 Elected Member Resigned - Matter Suspended

nil nil nil nil nil nil nil 1 1

Non-Complying Complaint

nil nil nil nil nil nil nil 1 1

Total 4 1 2 2 23 11 3 18 64


Complaints Dealt With under Section 5.110(6)(b) or (c)

Under s 5.110(6) of the Act, the Standards Panel can deal with a minor breach by:

• dismissing the complaint under s 5.110(6)(a);

• ordering a sanction under s 5.110(6)(b); or

• ordering a combination of sanctions under s 5.110(6)(c).

In 2013-2014 the Panel dealt with eight complaints by ordering sanctions. The sanctions ordered consisted of seven public censures and one order for training.

The Department publishes on its website at www.dlgc.wa.gov.au copies of the Standards Panel’s minor breach findings and reasons for them, where:

• the minor breach/es found by the Standards Panel has/have been dealt with by it by making an order under section 5.110(6)(b) or (c); and

• the State Administrative Tribunal (‘the Tribunal’) has not upheld a review against all of the Standards Panel’s minor breach findings concerned in regard to the complaint concerned.

The Tribunal publishes on its website at www.sat.justice.wa.gov.au copies of most of its decisions on its reviews of the Standards Panel’s decisions to deal with a minor breach by dismissing the complaint under section 5.110(6)(a) or to make an order under section 5.110(6)(b) or (c).


Costs to Local Governments of Non-Public Servant Member Fees and Allowances

Subclauses 9(1) and 9(2) of Schedule 5.1 to the Act relate to the amount (if any) of the remuneration and allowances of the Standards Panel members and their deputies.

Unless the Local Government Member is an officer of the Public Service, his or her current sitting fees are $720 per full day meeting (more than four hours) or $470 per part day meeting (four hours or less), and he or she may be reimbursed for travel expenses as set out in Premier’s Circular 2006/01, Reimbursement of Travel Expenses for Members of Government Boards and Committees. The Legal Member’s current sitting fees are $900 per full day meeting or $480 per part day meeting. In addition, when the Legal Member is required to write a ‘reasons for decision’ he is currently entitled to $240 per hour up to a maximum of $900 per matter.

Member’s remuneration and allowances are proportionately costed to the local government of the council member who is the subject of the particular complaint the Standards Panel is dealing with at the time. Liability for cost of multiple complaints dealt with by the Standards Panel on the same occasion (that is, at the same meeting), is apportioned between the relevant local governments as the Standards Panel determines.

The costs billed to the Local Governments concerned in regard to the Standards Panel’s fees and allowances are as set out in the following table.


Table 2: Standard Panel Fees invoiced to Local Governments in July 2014

(Being for the recovery of Local Government Standards Panel Non-Public Service Members’ sitting fees paid or otherwise recoverable by the Department for the period 1.07.2013 to and including 30.06.2014, plus GST; and certain writing of reasons fees, plus GST.)

Local Government No. of Complaints

Amount invoiced (incl. GST)

City of Bayswater 2 $1,980.00 Shire of Bridgetown-Greenbushes 1 $1,826.00

City of Bunbury 3 $7,862.80 City of Canning 2 $1,980.00 Shire of Derby-West Kimberley 2 $1,201.20

Shire of Donnybrook-Balingup 1 $1,166.00

Shire of East Pilbara 2 $1,980.00 Shire of Esperance 1 $990.00 Shire of Exmouth 1 $2,508.00 City of Joondalup 2 $1,854.76 City of Kalgoorlie-Boulder 1 $2,613.60 City of Mandurah 1 $990.00 City of Melville 2 $2,772.00 Town of Mosman Park 1 $990.00 Shire of Mundaring 2 $1,980.00 City of Nedlands 2 $1,518.00 City of Rockingham 2 $990.00 City of South Perth 2 $990.00 City of Stirling 1 $1,980.00 Shire of Victoria Plains 1 $1,095.60 Shire of York 4 $3,108.60 Total 36 $42,337.56

Average fee per complaint $1,177

Disclaimer: The information in this report is provided in good faith and is derived from sources believed to be reliable and accurate. No representation or warranty, express or implied, is made as to the accuracy, completeness or fitness for purpose of this report. The reader of this report should satisfy him or herself concerning its application to their situation. The State of Western Australia, the Local Government Standards Panel, and the Department of Local Government and Communities and their officers expressly disclaim liability for any act or omission occurring in reliance on this document or for any consequences of such act or omission.

This report is available for viewing and download from the Department of Local Government and Communities website: www.dlgc.wa.gov.au

For more information, please contact:

Department of Local Government and Communities Gordon Stephenson House, 140 William Street, Perth WA 6000 GPO Box R1250, Perth WA 6844 Telephone: (08) 6551 8700 Fax: (08) 6552 1555 Freecall: 1800 620 511 (Country only) Email: [email protected] Website: www.dlgc.wa.gov.au

Translating and Interpreting Service (TIS) – Tel: 13 14 50

http://www.dlgc.wa.gov.au/women-and-boardsmailto:[email protected]://www.dlgc.wa.gov.au/

Local Government Standards Panel - Annual Report 2013-2014ContactsMessage from the Presiding MemberContentsOverviewComposition of the Standards PanelDisciplinary FrameworkAdministration and Support ServicesNumber of Standards Panels EstablishedComplaints Received and FinalisedSources of complaints received in 2013-2014Persons of interest in complaints received in 2013-2014Metro / Non-Metro split

Number of Standards Panel Meetings HeldRequirement for Annual ReportFindings of Minor Breach or OtherwiseTypes of AllegationsComplaints Dealt With under Section 5.110(6)(b) or (c)Costs to Local Governments of Non-Public Servant Member Fees and Allowances

Documents

Local Government Standards Panel Annual Report 2013-2014 · Perth WA 6000 . GPO Box R1250 . PERTH WA 6844 . Tel: (08) 6551 8700 . Fax: (08) 6552 1555 . Freecall: 1800 620 511 (Country